Lenders Forcing Homeowners to purposely default on Orlando Real Estate

Financial Hardship is not the only reason why Orlando homeowners are not paying their mortgage

Strategic Default is when a homeowner decides to stop paying their mortgage, not necessarily because they can’t afford it, but because it’s a bad investment not worth paying into anymore. Even if the consequence means to possibly lose their house to foreclosure and damage their credit.

Orlando homeowners have been purposely defaulting on their mortgages for several years now. When people become aware of the reality of their situation, they make a conscious decision to stop paying their mortgage. In most cases, I can’t say that I blame them. Don’t get me wrong, I would never tell a client to stop paying on their mortgage. However, I do tell my clients what their house will sell for and about how long it will take to sell and they do the rest of the math on their own.
Although Orlando real estate is making a steady recovery and I believe will continue to do so. There are Orlando homeowners that will never get the money back that they’ve put into their property.

Strategic default  Vs. Moral Obligation

Some Orlando homeowners are worried about their moral obligation to pay the mortgage. The truth is that the homeowner entered into an arms-length transaction with their lender in which both parties had competing interests thus spelling out their obligations in a clear, signed contract. Unless the contract states that the homeowner has a “moral obligation to pay,” then it’s plain and simple – they don’t.
Here are the facts;  when a homeowner borrows the money to buy an Orlando property, they have entered into a business transaction. The lender evaluated the risks and concluded that it was a risk worth taking. For its protection, the lender also required that the homeowner put the property up as collateral, as well as any equity that they had in the house.
The contract spelled out that if the homeowner doesn’t pay, the lender has the right to take the property and sell it before the homeowner gets any equity back – if there were any equity left, which of course in these cases, there isn’t. The lender would not have approved the loan if they didn’t think it was a smart business decision. The homeowners choice to enter into this agreement was also a business decision.
It’s now obvious, that both the homeowner as well as the lender made a bad decision. Now, the contract spells out what happens if the homeowner stops paying, the lender gets the property.

However, there are other options available to homeowners like doing an Orlando short sale or a loan modification. In my opinion, most loan modifications that get approved just don’t make financial sense unless they reduce the principle balance of the loan.

Strategic default is actually something that is caused by the lenders. The fact is, lenders won’t even consider entertaining a short sale unless a homeowner is behind their mortgage thus forcing the homeowner stop paying the mortgage.


By doing a short sale, the homeowner is able to get their house sold and walk away from the responsibilities of the mortgage. Also, there are now several “cash for keys” programs available where lenders offer substantial cash incentives for doing a short sale, sometimes up to $30,000.00 depending on what kind of loan they have and who the lender is.


Your value as a person is not determined by the value of your real estate, or how much money you owe to a bank.  You are worth more as an individual than your bank will ever understand. Life is too short, and there are so many things more important than an underwater mortgage. For many Orlando homeowners, it’s literally the difference between happiness and depression.


If you’re in a situation where you need to do an Orlando short sale on your house go speak with an Orlando short sale expert and find a solution, you owe it to yourself and your family.

 

 

Jenny Zamora, Lic Re Broker/ Orlando Short sale Expert

Orlando short sale expert

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Orlando Short Sale Guide part-1 of 2

 

What are Orlando Short Sales sales all about?

Working as an Orlando short sale specialist for over eight years, I get questions from both clients and realtors about short sales all of the time; How does a short sale work? Do I have to be behind on my mortgage to do a short sale? How will it affect my credit? Will my lender come after me for  the balance? Can I get money  back even though I’m in foreclosure? What are the tax repercussions?…just to name a few.

This two part post ” Orlando Short Sale Guide” is for people who have unanswered questions about short sales.  This week  I will talk about every aspect of short sales; what they are, how they work and the do’s and don’ts of whole process. In my next post I will also be talking about probably the single most important part of the whole process and that is finding the right Orlando realtor for you.

I think the best way to  start this off,  like anything else is by giving you a clear definition of what a short sale is.  A short sale is a sale of  real estate in which the proceeds from selling the property will fall short of the balance of debts secured by liens against the property and the property owner cannot afford to repay the liens’ full amounts, whereby the lien holders agree to release their lien on the property and accept less than the amount owed on the debt. Any unpaid balance owed to the creditors is known as a deficiency. Short sale agreements do not necessarily release borrowers from their obligations to repay any deficiencies of the loans, unless specifically agreed to between the parties.

An Orlando short sale is most often the best method to Stop Orlando foreclosure because it mitigates additional fees and costs to both the creditor and borrower. While credit is also typically damaged much less than from a foreclosure, both often result in a negative credit report against the property owner.

Who qualifies for an Orlando Short Sale?

Even though someone can easily prove that their house is worth less than what it owes, most lenders require the mortgage holder to be  at least 30 days late on their payment to even consider a short sale. In my opinion, this is a huge flaw  in the short sale process and I believe that any property that is worth less than what it owes should qualify as a short sale candidate. Creditors also require the borrower to prove they have an economic or financial hardship preventing them from being able to pay the deficiency.

  The Short Sale Process

Creditors holding liens against real estate can include primary mortgages, junior lien holders—such as second mortgages, home equity lines of credit lenders, home owners association HOA—all of whom will need to approve individual applications for a short sale, should they be asked to take less than what is owed.

Some liens such as student loans, back child support and I.R.S. liens cannot be discounted and have to be paid in full in order to get the deal closed. In our office, these liens are sometimes referred to as “Deal Killers”.
Most large creditors have special loss mitigation departments that evaluate borrowers’ applications for short sale approval. Often creditors use pre-determined criteria for approving the borrowers and the terms of the sale of the properties. Part of this process typically includes the creditor(s) determining the current market value of the Orlando real estate by obtaining an independent evaluation of the property with an appraisal, a Broker’s Price Opinion or [BPO]. One of the most important aspects for the borrower in this process is putting together a complete  short sale package including hardship letter explaining why a short sale is needed on you Orlando property.

Due to the overwhelming number of defaulting borrowers due to mortgage failures and other causes as part of the 2008–2012 global financial crisis, many creditors have become adept at processing such short sales applications; however, it can still take several months or even a year for the process from start to finish, often requiring multiple levels of approval.

 

Jenny Zamora, Lic RE Broker/ Orlando short sale expert.

 

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Orlando Realty Sales are Being held hostage by 2nd and 3rd lien holders

 Junior lien holders are taking Potential Orlando short sales hostage.

The truth is that bargaining with second and third-lien holders is tough and causes serious delays deals and even killing some Orlando short sales, even though banks embrace the whole Florida short sale trend in order to avoid costly foreclosures and help clear the market of homes that are worth less than the loans on them.

There are private mortgage collection firms out there that buy up distressed U.S. home- equity loans and other junior real estate liens, often for pennies on the dollar. If your 2nd lien was bought up by one of these companies, then chances are thatthey  will be much tougher to deal with than the original lien holder would have been.

The ever improving Orlando Real Estate market creates a great opportunity for these second lien holders to get a nice chunk of their money back. They are aware thatyou need them to cooperate with you in order to get the deal closed.  The problem is some of these junior lien holders get to greedy and the result is the deal falling through.

Orlando short sales are being held up by second liens

Almost 50%of all Orlando homes that enter into foreclosure have more than one lien attached. Any Orlando short sale realtor can tell you that short sales with multiple lien holders requires a lot more work to complete and typically can take longer to sell. You pretty much have to do twice or even three times the work depending on how many liens are attached.

It reminds me of a hostage situation “Give me the money or I’ll kill your deal”

 

Jenny Zamora, Lic Florida RE Broker

 

Orlando short sale expert

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Orlando Real Estate Agents are on the Move to in order to improve their earnings.

 Finding the best brokerage to work for proves challenging for Orlando Realtors

 

Top Orlando agents are always looking to maximize their earnings and sometimes this can mean switching to a another brokerage for a higher percentage split or a more desirable area. I went through the same thing myself when I first started my career as an Orlando realtor in 2004, working for several different brokerages until ultimately becoming abroker myself and starting my own company.

Orlando Real estate is an industry where it is common to see agents moving from brokerage to brokerage until they find the perfect situation for them to settle into, [which sometimes is never].  Most new Orlando realtors will usually stick with a brokerage for a while to see where it goes and if they’re not happy for whatever reason, it usually doesn’t take long for them to find another broker to hang their license with. Sometimes this will continue on for several years with some agents.
Just about every Orlando real estate agent will agree that the market has left its darkest days behind. So they want to be in the best position to enjoy the climb back up.  I can’t say that I blame them.
I believe that will we continue to see more and more agent movement as the Orlando real estate market works to fully turn the corner on the housing collapse of 2007.

Top Brokers seeking out top agents

Top Orlando Brokerages are always on the lookout for their area’s top agents so that they also can increase their earnings and make better commissions. The best realtors will always end up at a top brokerage sooner or later because they are mutually beneficial to each other which is why they are constantly seeking each other out.

Here at Orlando Realty Consultants we are no different. It has taken us several years to assemble the team of Orlando Real Estate experts that make us who we are today and we are always looking for Top Orlando agents to join forces with.

 

 

Jenny Zamora, Lic RE Broker

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Orlando Realty Consultants Welcomes Top Agent “Ruth Miranda”

Orlando Realty Consultants Hires only the Best Agents

Orlando Realty Consultants, Inc., a leader in Central Florida real estate, has added short sale superstar Ruth Miranda to its team of top real estate professionals. Ruth Miranda is an enthusiastic go-getter with a genuine desire to help clients find the perfect place to call home and we are thrilled to have her onboard.

 Ruth Miranda became an Orlando Realtor in 2003 and offers a unique level of real estate expertise combined with an uncommon level of professionalism. Her specialties include: Luxury Homes, International Real Estate, Orlando Short Sales and Investment Properties with an expertise in Social Media Marketing, International Bridging, Market Analysis, Sales, Negotiating and Consulting experience. With a background in international relations Ruth recently received his Transnational Referral Certification (TRC) and completed his Certified International Property Specialist training (CIPS). Also held her Loan Officer’s License is a Certified Distress Property Expert, and Short Sales & Foreclosure Resource Specialist

She is also associated with many investment and international organizations with access to nationwide and international contacts. To navigate the complex decisions involved in today’s real estate market requires the guidance of a professional. Ruth is committed to quality service with an emphasis on accountability, reliability, timeliness and enthusiasm. Ruth’s goal is to provide you with powerful online and traditional marketing exposure, price band analysis, the expertise in negotiating for a quick sale along with the ability to maximize the highest asking price for your home. She is as devoted to her work as she is to her family.

She is fluent in the Spanish language, business etiquette, and culture. A successful real estate transaction is built upon the strength of relationships and the experience of how to get things done. Ruth is well respected by her peers and has developed invaluable working relationships with other professionals in the industry such as title companies, attorney’s, lenders, appraisers, builders, institutional investors and realtors. She also enjoys scuba diving, music, the great outdoors, giving back to the community as well as being with close friends and family

About Orlando Realty Consultants

ORC, Inc. is a leader in Orlando real estate, specializing in Short Sales. The firm has been at the forefront of Orlando, Florida realty for 8 years.  Orlando Realty Consultants has several Florida Realtors helping buyers and sellers alike. The majority of Orlando Realty agents hold the Certified Distressed Property Expert (CDPE) designation, providing special expertise for navigating through the changing climate of short sales, foreclosures and distressed properties.

 

For more information about Orlando Realty Consultants, call or visit www.orlandorealtyconsultants.com

 

Jenny Zamora, Lic Orlando RE Broker

Jenny Zamora Broker

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